N.Y. Partnership Law 121-104 – Statutory designation of secretary of state as agent for service of process
§ 121-104. Statutory designation of secretary of state as agent for service of process. (a) The secretary of state shall be the agent for every domestic limited partnership which has filed with the secretary of state a certificate making such designation and every foreign limited partnership upon whom process may be served pursuant to this article.
Terms Used In N.Y. Partnership Law 121-104
- Certificate of limited partnership: means the certificate referred to in section 121-201 of this article, and the certificate as amended. See N.Y. Partnership Law 121-101
- Foreign limited partnership: means a partnership formed under the laws of any jurisdiction, including any foreign country, other than the laws of this state and having as partners one or more general partners and one or more limited partners. See N.Y. Partnership Law 121-101
- General partner: means a person who has been admitted to a limited partnership as a general partner in accordance with the partnership agreement and, if required by the law of the jurisdiction under which the limited partnership or foreign limited partnership, as the case may be, is organized, is so named in the certificate of limited partnership or similar instrument. See N.Y. Partnership Law 121-101
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Process: means judicial process and all orders, demands, notices or other papers required or permitted by law to be personally served on a limited partnership (domestic or foreign), for the purpose of acquiring jurisdiction of such limited partnership in any action or proceeding, civil or criminal, whether judicial, administrative, arbitrative or otherwise, in this state or in the federal courts sitting in or for this state. See N.Y. Partnership Law 121-101
- Service of process: The service of writs or summonses to the appropriate party.
- State: means a state, territory, or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico. See N.Y. Partnership Law 121-101
(b) No domestic or foreign limited partnership may be organized or authorized to do business in this state under this article unless in its certificate of limited partnership or application for authority it designates the secretary of state as such agent.
(c) Any designated post office address to which the secretary of state shall mail a copy of process served upon him as agent of a domestic limited partnership or foreign limited partnership shall continue until the filing of a certificate or other instrument under this article directing the mailing to a different post office address and any designated email address to which the secretary of state shall email a notice of the fact that process against such domestic limited partnership or foreign limited partnership has been electronically served upon him or her as agent of a domestic limited partnership or foreign limited partnership, shall continue until the filing of a certificate or other instrument under this chapter changing or deleting the email address.
(d) The change authorized by subdivision (c) of this section may be accomplished by filing a certificate pursuant to this chapter, which shall be executed by a general partner.